MORRISON, DEEDEE DBA SEEDS PODS - Laserfiche WebLink

AMON A'^" 2) Artist shall be present at installation and consult in the installation of the Work.Artist shall coordinate with City to determine specific dates and times when the Work will be delivered and installed. 2. FEES. The City shall pay to Artist as the purchase price (the"Purchase Price") for the Work and the services to be rendered by Artist,the sum of$27,000 said Purchase Price to be paid in the following installments: 1) Initial Start Up Price ($13,500)to begin the project and pay for necessary materials needed will be paid once contract has been executed. 2) Final Payment Price of the remaining Purchase Price($13,500)after installation of the Work and upon final acceptance by City. The parties agree that this purchase price is City's only financial obligation to Artist pursuant to this Agreement and that it is adequate and sufficient to compensate Artist for all costs and expenses in carrying out the commission described herein including, without limitation, all materials, designs,transportation and communications regarding the Work. 3. RESPONSIBILITIES OF THE PARTIES. A. The Work shall be fabricated by Artist in conformity with Exhibit A, subject to minor changes as are made necessary by the materials or the fabrication process or as are deemed necessary or appropriate by Artist to carry out the overall design. City understands that it may not be possible to create the Work precisely as depicted in Exhibit A. however, if during the design or fabrication process,Artist desires to make any significant changes in size, finish, or other approved elements of the Work,Artist shall notify the City immediately in writing and shall receive City's written approval prior to proceeding with said changes. The parties agree that significant change is any change in the scope, design, color, size, material,or texture of the Work or any change which affects installation, scheduling, Site preparation or maintenance for the Work, or any change in the concept of the Work as represented in Exhibit A. City's approval of such changes may be given by its City Manager or the City Manager's designee. B. Artist represents and warrants that to the best of his individual knowledge,the Work, as delivered to the Site,will be free from any defects in materials and workmanship, and that to the best of his individual knowledge,the Work is free and clear of any liens or encumbrances from any source and of any kind or nature whatsoever. C. Artist guarantees the Work to City against all defects in the Work's fabrication, composite materials and workmanship, for a period of three (3)years following the final written acceptance of the Work by City; and if any such defects occur in this three-year guarantee period, Page 2 of 7